NIA To Charge Mathew VanDyke, Ukrainian Co-Accused Under Foreigners Act

The National Investigation Agency (NIA) on Tuesday chargesheeted American national Mathew VanDyke and six Ukrainians under the Immigration and Foreigners Act, 2025, while keeping its probe into alleged offences under the Unlawful Activities (Prevention) Act (UAPA) pending.

The chargesheet, filed before a special NIA court in Delhi, invokes Sections 21 and 23 of the Immigration and Foreigners Act. The offences relate to violations including illegal entry and other immigration or visa-related breaches and are reportedly compoundable at the Foreigners Regional Registration Office.

The accused are VanDyke and Ukrainian nationals Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor.

Significantly, the NIA has not invoked UAPA provisions in the latest chargesheet. The agency had originally booked the seven under Section 18 of the UAPA, relating to conspiracy for terrorist activities and organising terror camps. Special Public Prosecutor Rahul Tyagi told the court that the UAPA investigation remains pending and that a supplementary chargesheet could be filed if further investigation establishes offences under the law.

The seven were arrested in March after VanDyke was detained at Kolkata airport and the Ukrainians were picked up at airports in Delhi and Lucknow. They allegedly entered Mizoram without the required permits before crossing into Myanmar. The NIA alleged that they provided pre-scheduled training in drone warfare, drone operations, assembly and jamming technology to ethnic armed groups in Myanmar.

The agency also alleged that the group was involved in assembling equipment and targeting a passenger aircraft in Myanmar. Investigators claimed the accused made important disclosures during custody, including alleged contact with armed individuals carrying AK-47 rifles. Evidence extracted from seized phones was also sent to CERT-In for forensic examination.

The NIA further alleged that the accused had previously travelled through Mizoram for similar training and helped move large consignments of drones and related equipment from Europe through India into Myanmar.

A Delhi court had earlier extended their investigation and judicial custody to 180 days under UAPA provisions.

Meanwhile, VanDyke’s family has urged the Donald Trump administration to intervene diplomatically. His mother, Sharon VanDyke, has maintained that her son is innocent and described his continued detention as a humanitarian emergency.